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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A91250 Prynne the Member reconciled to Prynne the barrester. Or An ansvver to a scandalous pamphlet, intituled, Prynne against Prynne. Wherein is a cleare demonstration, that William Prynne, utter barrester of Lincolnes Inne, in his soveraigne power of parliaments and kingdomes, is of the same judgement with, and no wayes contradictory to William Prynne Esquire, a Member of the House of Commons in his memento. Wherein the unlawfullnesse of the proceedings against the King, and altering the present government is manifested out of his former writings and all cavils and calumnies of this scandalous pamphleteer fully answered. / By William Prynne Esquire, barrester at law, and a Member of the House of Commons. Prynne, William, 1600-1669. 1649 (1649) Wing P4043; Thomason E558_5; ESTC R203281 19,546 27

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which this Scribler refers And so much the rather because they will quite dissolve this Parliament by putting the King to death For the Parliament being but the Kings Parliament and great Councell and an Authority not an Interest originally called and authorised to sit by the Kings Writ alone which abates and expires by his death and enables not to consult without but only with the King of businesses concerning The King and His Kingdome as these clauses of the Writ import Carolus c. cum NOS de advisemento et consensu Consillij NOSTRI pro quibusdam arduis et urgentibus negotijs NOS Statum defensionem Regni NOSTRI ANGLIAE concernent quoddam PARLIAMENTVM NOSTRVM c. tenere ordinavimus Et ibidem vobiscum c. Regni NOSTRI COLLOQVIVM HABERE c. Quod personaliter intersitis NOBISCVM c. super DICTIS NEGOTIIS tractaiur Et ad faciendum et consentiendum his quaenunc et ibidem de Communi Consilio dicti Regni NOSTRI contegerit ordinari super NEGOTIIS ANTEDICTIS c. The King therefore being put to death the Parliament must of necessity be dissolved by it since it can be no more his Parliament his Councell nor conferre with HIM about HIS and HIS Kingdomes affaires for which they were called and elected to treat of as the Peoples Attorneys or Trustees the King being both the Head the beginning end and foundation of the Parliament which cannot subsist without him no more then a naturall body without an head or an house without a foundation as our * Modus 〈◊〉 Parliamentum Cook 4. I●stit c. p. 1. 2. c. Cromptons Iurisdiction of Courts f. 1. 2. So my Ple● for L●●ds p. 7. to 12. Law books resolve and so was it expresly adjudged and agreed 1. H. 4. rot Parl. n. 1. 14. H. 4. Cook 4. Instit p. 46. 4. E. 44. 44. b. That by the death of the King the Parliament is ipso facto dissolved as all other Courts held only by his Writ or Commission are Neither will the Act made this Parliament in the 17. year of this King To prevent Inconveniences which may happen by the untimely adjourning Proroguing or Dissolving of this present Parliament which enacted That this PRESENT PARLIAMENT now assembled shall not be DISOLVED prorogued or adjourned unlesse it be by Act of Parliament to be passed for that purpose continue this Parliament in being after the Kings death for these reasons First because the scope intent of this Act made before our late Warres was only to disable the King to adjourne prorogue or dissolve this Parl. by any Proclamation or Royall Act of his without the consent of both houses as the very title prologue and close of it resolve But never to continue it still a Parliament in case of the King death against which it never intended to provide it being a legall and absolute dissolution of it by the very fundamentall constitution of Parliaments and the Common Law of the Realme Secondly Because the King is the head and principall Member of this present Parliament and the first person in the enacting Parl. Be it declared and enacted BY THE KING c. and therefore when he ceaseth to be and is cut off the Parliament must of ne● cessity cease to be as well as if the Lords and Commons had all bin dead or murdered by the Army in which case the Parliament had bin ended notwithstanding this Act which cannot make a thing in being which is actually destroyed no more then a dead man to be alive Because it was never the intention of the King Lords and Commons who were all parties to this act to set up a new kinde of Parliament without either King or Lords or the Majority of the Commons house or to vest the Name power and authority of the Parliament in an eight or ninth part of the Commons house alone as now when the King Lords and residue of the Commons were cut off and forced away by the Armies violence Such a thought as this never once entred into their heads Therefore the murthering of the King the laying aside the Lords house secluding of most of the Commons must of necessity dissolve this present Parliament notwithstanding this Act as Master Prynne the Barrester proved long since before he was a Member in his Plea for the Lords p. 14 15. and so much the rather because without them no Act of Parliament can possibly be made this Parliament to dissolve it within the words or meaning of this Act. The Commons therefore now sitting having by their late exorbitant proceedings and cutting off the Kings and Lords too in Mr. Prynne the Barresters judgement disolved this present Parliament and thereby consequently dissolved all Parliament Comittees in City and countrey together with all Ordinances of Parliament and all * Cook 7. Rep. f. 29. 30. 31. Dyer 165. 4. E. 4. 44. 1. E. 5. ● a. 1. H. 7. 2 1. E. 3. 6 7. Commissions of the Commissioners of the Great Seale Iudges of the Kings Courts Iustices of the Peace Sheriffes and the like and the Generalls and all other Officers of the Armies Commissions likewise and put the Kingdome and Army into a miserable confusion Master Prynne the Member conceives he could then and now give them no other Title but that in his Memento which he fears the present age and posterity will have just cause to give them for the miseries they have brought and are like to bring upon them by their Vn-parliamentary and violent proceedings which he doubts wil end in their own ruine Secondly Master Prynne the Barrester in those very Pages proves That not only the KING but all the Lords and Commons ought to be present at the Parliament and fined if they absent themselves without just cause and that all things ought to be acted in Parliament by the Kings Lords and Commons joynt concurrence only he addes That if any of the Lords or Commons when summoned shall wilfully absent themselves that the rest may sit and proceed without them and by the Kings consent make wholsome Lawes for the Common wealth But he neither there nor any where else affirmed that the Lords and Commons could make binding Lawes or Ordinances of Parliament without the King or that the Commons alone could make Acts of Parliament without the Lords as a few of them now they presume or that the eight or ninth part only of the commons house sitting under a force when the rest of the Members are imprisoned secluded and driven away thence by the Armyes violence were a compleat Parliament or House of commons to vote order or act any thing except only to adjourne and take Order to remove the force or that what they voted or acted under a force was valid and binding to their fellow MEMBERS or any others but he expressely affirmes the contrary that whatever is voted or enacted whiles the Parl is under a force is void null